Public International Law and Sustainability of Foreign Investments

Public International Law and Sustainability of Foreign Investments

Date(s) - 03/04/2019
1:00 pm - 2:30 pm

Wodehouse Lecture Theatre


“The interaction of public international law and sustainability of foreign investment schemes: How bilateral and multilateral energy related treaties may support private investors”

During the presentation, Evi Neophytou will talk about the interaction of public international law and foreign investment, through a discussion of specific types of international treaties relevant to the energy sector, both bilateral and multilateral, which States are willing to enter into and investors are expecting to benefit from. First, we will discuss the institution of a Bilateral Investment Treaty (BIT) which is designed to offer as much protection as possible to foreign investors to attract and protect foreign investment. Through BITs, States undertake the commitment to regulate their future conduct or even to limit to some extent their sovereign rights. More importantly, in BITs host States even commit to an unprecedented direct relationship with investors, since States undertake commitments to foreign investors and authorise aggrieved investors to bring claims directly against States. We will also touch upon BIT developments in the EU. Secondly, we will discuss the role of specific multilateral treaties, such as the UNCLOS and the Energy Charter Treaty, which even though they were agreed upon to regulate the relationship between States in specific areas of law, they still manage to offer legal certainty to private foreign investors in the energy sector.

Short Bio

Evi Neophytou is a Senior Legal Advisor at an international oil and gas company. Before joining the oil and gas industry, she was a Diplomat and served for 10 years in the Diplomatic Service of the Republic of Cyprus (May 2008-January 2018). She was a member of the Board of Directors of the Cyprus Hydrocarbons Company (National Oil and Gas Company of Cyprus) (2015-January 2018). She also served as an advisor to the Minister of Energy on hydrocarbons’ related issues (2014-2017). During Cyprus’ presidency of the Council of the EU in 2012, she was the Deputy Chair of the EU Council Working Group on the Law of the Sea.

During her diplomatic career, she served at the Permanent Mission of the Republic of Cyprus to the European Union, in Brussels, at the Ministry of Foreign Affairs of Cyprus and at the Ministry of Energy of Cyprus, on secondment. During her time with the Government, she spent seven years working in the energy sector. Specifically, for seven years she was a member of the Government’s team responsible for the negotiation of intergovernmental agreements on hydrocarbons’ related issues and on law of the sea-related issues, and of contracts with oil and gas companies.

Evi has an LLB from the University of Bristol, an MA in European Politics from the Free University of Brussels, an LLM in European Union Law from the College of Europe in Bruges, and an LLM in Public International Law from the University of London. She is a qualified lawyer admitted to the Cyprus Bar Association.

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